United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO.
FILING DATE
FIRST NAMED INVENTOR
ATTORNEY DOCKET NO. CONFIRMATION NO.
09/346,789
24267
07/02/1999
7590
12/03/2003
CESARI AND MCKENNA, LLP
88 BLACK FALCON AVENUE
BOSTON, MA 02210
FREDERICK E. NIEMI
112025-0125
2883
EXAMINER
BULLOCK JR, LEWIS ALEXANDER
ART UNIT
PAPER NUMBER
2126
DATE MAILED: 12/03/2003
Please find below and/or attached an Office communication concerning this application or proceeding.
PTO-90C (Rev. 10/03)
Office Action Summary
Application No.
09/346.789
Examiner
Lewis A. Bullock, Jr.
Applicant's)
NIEMI, FREDERICK E.
Art Unit
2126
The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
Period for Reply
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) FROM
THE IVIAILING DATE OF THIS COMMUNICATION.
- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this communication.
- If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be conbir.: i cd timely.
- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing d : of this communication.
- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S. C. § 1 33).
- Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent tenm adjustment. See 37 CFR 1.704(b).
Status
1 )K Responsive to communicatjon(s) filed on 1 1 September 2003 .
2a)n This action is FINAL. 2b)K This action is non-final.
3) 0 Since this application is in condition for allowance except for fornnal nnatters, prosecution as to the merits is
closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
Disposition of Claims
4) K Claim(s) 1-21 is/are pending in the application.
4a) Of the above claim(s) is/are withdrawn from consideration.
5) D Claim(s) is/are allowed.
6) S Claim(s) 1-21 is/are rejected.
?)□ Claim(s) is/are objected to.
8) 0 Claim(s) are subject to restriction and/or election requirement.
Application Papers
9) 0 The specification is objected to by the Examiner.
10) n The drawing(s) filed on is/are: a)^ accepted or b)^ objected to by the Examiner.
Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Priority under 35 U.S.C. §§ 119 and 120
12) 0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a)nAII b)n Some*c)n None of:
1 .□ Certified copies of the priority documents have been received.
2. n Certified copies of the priority documents have been received in Application No. .
3. n Copies of the certified copies of the priority documents have been received in this National Stage
application from the International Bureau (PCT Rule 17.2(a)).
* See the attached detailed Office action for a list of the certified copies not received.
13) n Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a pro 'isional application)
since a specific reference was Included in the first sentence of the specification or in an App cation Data Sheet.
37 CFR 1.78.
a) D The translation of the foreign language provisional application has been received.
14) 0 Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121 since a specific
reference was included in the first sentence of the specification or in an Application Data Sheet. 37 CFR 1.78.
Attachment(s)
1) S Notice of References Cited (PTO-892)
2) n Notice of Draftsperson's Patent Drawing Review (PTO-948)
3) ^ Infomnation Disclosure Statement(s) (PTO-1449) Paper No(s) 9 .
4) □ Interview Summary (PTO-413) M ?per No(s).
5) n Notice of Informal Patent Apn. ion (PTO-152)
6) □ Other:
U.S. Patent and Trademark Office
PTOL-326 (Rev. 11-03)
Office Action Summary
Part of Paper No. 12
Application/Control Number: 09/346,789 Page 2
Art Unit: 2126
DETAILED ACTION
Drawings
1 . The drawings were received on 9/1 1/03. These drawings are approved.
Claim Rejections - 35 USC § 102
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless -
(e) the invention was described in (1) an application for patent, published under section 122(b), by
another filed in the United States before the invention by the applicant for patent or (2) a patent
granted on an application for patent by another filed in the United States before the invention by the
applicant for patent, except that an international application filed under the treaty defined in section
351(a) shall have the effects for purposes of this subsection of an application filed in the United States
only if the international application designated the United States and was published under Article 21(2)
of such treaty in the English language.
3. Claims 1,2, 7-9, 11,13-18, 20. and 21 are rejected under 35 U.S.C. 102(e) as
being anticipated by WALDO (US 6,185,611).
As to claim 1 , WALDO teaches a method for use in a computer network
(distributed system) having a process manager (lockup service) and a network
management station (client) for reporting to the network management station (client) the
addition of new applications or processes (new services wherein a service is an
application or utility) to the computer network, the method comprising the steps of:
providing a configuration service layer (discovery server) in communicating relationship
with a new application or process (new service) and the process manager (lookup
service); in response to opening the new application or process (new service), issuing a
registration service request from the new application or process to the process manager
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through the configuration service layer (register new service with the lookup service
wherein the location of the lookup service is provided by the discovery server);
establishing a nnethod at the network management station (client) for persistently and
continuously listening for messages (event notifications) from the process manager
(lookup service) (via registering for notification); in response to receiving the registration
service request (registration of new service) at the process manager (lookup service),
generating and forwarding a notification message (notification) that identifies the new
application or process (new service) to the network management station (client); and
automatically displaying the notification message (via screen of available services) at
the network management station (client) without having to close and re-start the
management station (clients can avoid attempting to access a service that is no longer
available and can make use of new services as soon as they are added to the lookup
service) (col. 2, lines 50-62; col. 4, lines 11-63; col. 5, line 48-col. 6, line 8; col. 6, lines
45 - col. 7, line 31 ; col. 10. line 46 - col. 12, line 18).
As to claim 8, WALDO teaches a computer workstation (client) for use in a
computer network having at least one process manager (lookup service), the
workstation comprising: at least one application or process (new services wherein a
service is an application or utility); a network communication facility (Java runtime
environment); a configuration service layer (discovery server) in communicating
relationship with the at least one application or process (new service) and the network
communications facility (Java runtime environment) (fig. 2), , wherein the at least one
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application or process (new service) and the configuration service layer (discovery
server) cooperate to generate and issue, a registration service request (register new
service with the lookup service wherein the location of the lookup service is provided by
the discovery server) to the at least one process manager (lookup service) upon
opening of the at least one application or process (new service) at the computer
workstation (client) (col, 2, lines 50-62; col. 4, lines 1 1-63; col. 5, line 48-col. 6. line 8;
col. 6, lines 45 -col. 7, line 31; col. 10, line 46 -col. 12, line 18).
As to claim 2, WALDO teaches creating a process manager window (screen) at
the network management station (client) that displays a list of applications and
processes opened in the computer network (available services); and in response to
receiving the notification message (notification that another client added a service),
adding the new application or process (new service) to the list of applications and
processes displayed in the process manager window (screen) (col. 12, lines 20 - 64;
col. 11, line 52 -col. 12, line 19; col. 2, line 50-62).
As to claims 7 and 1 1 , reference is made to a computer readable medium that
corresponds to the methods of claims 1 and 2 and is therefore met by the rejection of
claims 1 and 2 above.
As to claim 9, WALDO teaches detecting a new device (new service wherein
service is a device) added to the network; and upon detecting the new device (new
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service), generating a second notification object (notification); and passing tlie second
notification object to the network management station (client) (col. 2, lines 50-62; col. 4,
lines 1 1 -63; col. 5, line 48-col. 6, line 8; col. 6, lines 45 - col. 7, line 31 ; col. 1 0, line 46 -
col. 12, line 18).
As to claim 13, refer to claim 2 for rejection.
As to claim 14, WALDO teaches the user interface application (client / program /
browser) is configured to receive the notification message (notification) and display the
notification message at the network management station without having to close and re-
start the management station (clients can avoid attempting to access a service that is
no longer available and can make use of new services as soon as they are added to the
lookup service) (col. 2, lines 50-62; col. 4, lines 1 1-63; col. 5, line 48-col. 6, line 8; col. 6,
lines 45 -col. 7, line 31; col. 10, line 46 -col. 12, line 18)..
As to claim 15, WALDO teaches a topology server (discovery server / lookup
service) configured to detect a new device (new service wherein service is a device)
added to the network and upon detecting the new device, to issue a notification object
(notification) to a user application interface station (client) (col. 2, lines 50-62; col. 4,
lines 1 1-63; col. 5, line 48-col. 6, line 8; col. 6, lines 45 - col. 7, line 31 ; col. 10, line 46 -
col. 12, line 18).
Application/Control Number: 09/346,789 Page 6
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As to claim 16, WALDO teaches a system for dynamically modifying the
configuration, settings and other parameters with one or more applications or processes
running in a computer network, the system comprising: means for registering with a
process manager (look up service) upon opening an application or process (new
services wherein a service is an application or utility); means for generating a
notification object (notification) upon the registration of an opened application or process
(register new service with the lookup service wherein the location of the lookup service
is provided by the discovery server), wherein the notification object contains a reference
identifying the opened application or process (i.e. stub or object); means for passing the
notification object to one or more user interface applications (client); and means for
presenting the notification object (notification) in one user interface application (client)
without having to close and re-start the respective user interface application (clients can
avoid attempting to access a service that is no longer available and can make use of
new services as soon as they are added to the lookup service) (col. 2, lines 50-62; col.
4, lines 11-63; col. 5, line 48-col. 6, line 8; col. 6, lines 45 - col. 7, line 31; col. 10, line
46 -col. 12, line 18).
As to claim 17, WALDO teaches each user interface application (client / program
/ browser) contains a window (screen), the system comprising: means for displaying
the notification object (notification that another client added a service) in one window
contained in a user interface application (client) (col. 12, lines 20 - 64; col. 11, line 52 -
col. 12, line 19; col. 2, line 50-62).
Application/Control Number: 09/346,789
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Page 7
As to claim 18, WALDO teaches means for creating a process manager window
(screen) that displays a list of applications and processes opened in the computer
network (available services); and means for adding an application or process (new
service) to the list of applications and processes (available services) displayed in the
process manager window in response to receiving the notification object (col. 12, lines
20 - 64; col. 11, line 52 - col. 12, line 19; col. 2, line 50-62).
As to claims 20 and 21, WALDO teaches means for detecting a new device (new
service) added to the network (via discovery server / lookup service); and means for
issuing a service request (access the device) to a user application interface (client)
upon detecting the new device, wherein the service request contains a name identifying
the new device (via icons); means for receiving the service request at a user application
(client) (via selection of icon); and means for adding the name identifying the new
device to a list of devices displayed in a window presented on a display screen of a
workstation (via add a service) (col. 12, lines 20 - 64; col. 1 1 , line 52 - col. 12, line 19;
col. 2, line 50-62).
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set
forth in section 102 of this title, if the differences between the subject matter sought to be patented and
the prior art are such that the subject matter as a whole would have been obvious at the time the
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invention was made to a person having ordinary sl<ill in the art to which said subject matter pertains.
Patentability shall not be negatived by the manner in which the invention was made.
5. Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable over WALDO
(US 6,185,61 1) in view of "Monitoring Distributed Systems" by JOYCE .
As to claim 10, WALDO teaches the detection and notification of devices as well
as processes (col. 2, lines 50-62; col. 4, lines 1 1-63; col. 5, line 48-col. 6, line 8; col. 6,
lines 45 - col. 7, line 31; col. 10, line 46 - col. 12, line 18). However, WALDO does not
teach the displaying of a location.
JOYCE teaches in response to receiving a notification object (event), displaying
a name and a location (vaxc.Calgary / vaxa. Vancouver....) associated with the new
object at the network management station (console) (pg. 140, fig. 12), Therefore, it
would be obvious to combine the teachings of WALDO with the teachings of JOYCE in
order to enable a system of processes spanning multiple machines to be observed and
controlled from a single workstation (pg. 125, A Distributed Monitoring System).
6. Claims 12 and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable
over WALDO in view of "Unifying Distributed Processing and Open Hypermedia through
a Heterogeneous Communication Model" by GOOSE et al.
As to claim 12, WALDO substantially discloses the invention. However, WALDO
does not teach the obtaining and displaying of a status object. GOOSE teaches
wherein a process has parameters (state) associated with a status function (launch
function), comprising the steps of: in response to selecting the process (select a
particular process) from the process manager window (initial display), obtaining a
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respective status object (top-level interface) from the new process; and displaying the
obtained status object (top-level interface) (pg. 10, To provide a consistent and central
interface to the processes, the process manager of the HCM was extended to allow
each process to be configured and manipulated through it. As the PH of each process
executes, a launch message is received by the PM. The initial display on the PM is a
list of processes in the system, which is updated dynamically. A user can select a
particular process, which instructs the PH of the selected process to display its top-level
interface."). It is inherent that since WALDO displays the new process (new service
created) along with already executing processes (services previously known) that the
combination allows for the display and manipulation of parameters of the new process
as well by the client. It is also well known in the art at the time of the invention that
buttons on a window or display are used to invoke methods or access data and
therefore obvious that a button on the display when invoked would obtain and display
the status object. Therefore, it would be obvious to combine the teachings of WALDO
with the teachings of GOOSE in order to allow the user and other processes the ability
to call forward the interfaces of both local and remote processes (pg. 10).
As to claim 19, refer to claim 12 for rejection.
7. Claims 3 and 4 are rejected under 35 U.S.C. 103(a) as being unpatentable over
WALDO (US 6,185,611) in view of "Red Hat Linux Unleashed" by HUSAIN.
Application/Control Number: 09/346.789 Page 10
Art Unit: 2126
As to claim 3, WALDO substantially discloses the invention above. However,
WALDO does not teach the displaying of a status, start time and location.
HUSAIN teaches displaying a status (stat column), a start time (start time
column) and a location (TTY) of the processes (pg. 3 and 4-6, ps command output /
useful ps options). It is inherent based on the combination that since the status is sent
from the process that other pertinent information of the processes, i.e. its starting time,
are also sent. Therefore, it would be obvious to combine the teachings of WALDO with
the teachings of HUSAIN in order to display other pertinent information of currently
executing processes.
As to claim 4, HUSAIN teaches the status includes one of up (running) (pg. 3,
"The STAT column....").
8. Claims 5 and 6 are rejected under 35 U.S.C. 103(a) as being unpatentable over
WALDO in view of HUSAIN as applied to claim 3 above, and further in view of "Unifying
Distributed Processing and Open Hypermedia through a Heterogeneous
Communication Model" by GOOSE et al.
As to claim 5, the combination substantially discloses the invention. However,
the combination does not teach the obtaining and displaying of a status object. GOOSE
teaches wherein a process has parameters (state) associated with a status function
(launch function), comprising the steps of: in response to selecting the process (select
a particular process) from the process manager window (initial display), obtaining a
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respective status object (top-level interface) from the new process; and displaying the
obtained status object (top-level interface) (pg. 10, To provide a consistent and central
interface to the processes, the process manager of the HCM was extended to allow
each process to be configured and manipulated through it. As the PH of each process
executes, a launch message is received by the PM. The initial display on the PM is a
list of processes in the system, which is updated dynamically. A user can select a
particular process, which instructs the PH of the selected process to display its top-level
interface."). It is inherent that since WALDO displays the new process (new service
created) along with already executing processes (services previously known) that the
combination allows for the display and manipulation of parameters of the new process
as well by the client. It is also well known in the art at the time of the invention that
buttons on a window or display are used to invoke methods or access data and
therefore obvious that a button on the display when invoked would obtain and display
the status object. Therefore, it would be obvious to combine the teachings of WALDO
with the teachings of HUSAIN and GOOSE in order to allow the user and other
processes the ability to call forward the interfaces of both local and remote processes
(pg.10).
As to claim 6, GOOSE teaches the step of modifying (alter) the respective
parameters (state) of the process automatically and dynamically in response to
manipulations of the status object (top-level interface) displayed (pg. 10, "A user can
select a particular process... From here, all data from the user interface is passed
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directly to tlie selected PH and the user can alter or interrogate the state of that
process.").
9. Claims 8, 13, and 15 are rejected under 35 U.S.C. 103(a) as being unpatentable
over "Monitoring Distributed Systems" by JOYCE in view of BONNELL (US 5,655,081).
As to claim 8, JOYCE teaches a computer workstation (console) for use in a
computer network having at least one process manager (controller), the workstation
comprising: at least one application or process (created monitorable process); a
configuration service (channel) in communicating relationship with the at least one
application or process (created monitorable process), wherein the at least one
application or process and the configuration service layer cooperate to generate and
issue, a registration service request (event / monitoring information) to the at least one
process manager (controller) upon opening of the at least one application or process at
the computer workstation (see fig, 5; pg, 130, Consoles, "When a monitorable process
enters a Jipc system, or is created, it is automatically included in any monitoring session
active on its host machine... Monitoring information is collected automatically, and all
consoles receive monitoring information in a predefined format from a single
controller.."; pg. 129-130, "A system can contain only one controller, its purpose is to
serve as a central site through which all events reported to the channels must pass
before they are distributed to the consoles."; pg. 128, "A monitorable event occurs
whenever a process initiates or completes any of the following operations: entering or
leaving a Jipc system..."; pg. 130, Consoles, "Monitoring information is collected
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automatically, and all consoles receive monitoring information in a predefined format
from a single controller..."; pg. 130, "Consoles for displaying individual Jipc
events.. .have been built."; pg. 139-140, An Event Line Console; pg. 140, "A process's
event line is blank before it enters the Jipc system or is created and after it leaves the
Jipc system or is killed."). However, JOYCE does not teach a network communication
facility wherein the configuration service layer generates and issues a registration
request through the network communication facility.
BONNELL teaches a network communication facility (communications module of
agent computer / communications module of manager software system) (col. 3, lines
10-15; col. 2, line 67 - col. 3, line 2; col. 9, lines 40-60) wherein the configuration
service layer (agent software) generates and issues a registration request (information /
state of resources and processes) through the network communication facility (col. 7,
lines 1-12). Therefore, it would be obvious at the time of the invention to combine the
teachings of JOYCE with the teachings of BONNELL in order to facilitate an enterprise
management system that will increase automation and efficiency in network
management and decrease the complexity of such management (col. 6, lines 20-47).
As to claim 13, JOYCE teaches a user interface application (console), wherein
the process manager (controller) is configured to generate and forward a notification
message (monitoring information / events) that identifies the new application or process
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(created processes) to the user interface application (console) in response to receiving
the registration service request (process has entered the system) (pg. 139-140).
As to claim 15, BOYCE teaches a topology server (agent software system)
configured to detect a new device (resource) added to the network and, upon detecting
the new device (resource), to issue a notification object (monitoring event) to a user
application interface (console) (abstract; col. 7, lines 1-14).
Response to Arguments
4. Applicant's arguments with respect to claims 1-7, 9-12, and 16-21 have been
considered but are moot in view of the new ground(s) of rejection.
5. Applicant's arguments filed 9/1 1/03 have been fully considered but they are not
persuasive. Applicant argues that limitations of claim 1 and how they are patentably
distinct over the combination of JOYCE and BONNELL. These arguments are
persuasive in regards to independent claims 1, 7, and 16 since each of these claims
have similar limitations to claim 1 . However, claim 8, does not have the similar
limitations as one. Claim 8 states that a computer workstation wherein at least one
application or process generates a registration service request to a process manager
upon opening of the at least one application or process at the computer workstation.
Joyce teaches a process that is created or has just entered the system registers with a
process manager by sending information concerning an event to the channel process
that is executing on the same machine (pg. 128-129). As disclosed in the arguments in
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response to claims 1, 7, and 16, Applicant's invention allows one to automatically
display notification messages at the network management station without having to
close and re-start the management station. This is not stated or disclosed in claim 8.
Therefore, claim 8 is met by the combination as disclosed and the rejection it claim 8 is
maintained.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Lewis A. Bullock, Jr. whose telephone number is (703)
305-0439. The examiner can normally be reached on Monday-Friday, 8:30 am - 5:00
pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, John A Follansbee can be reached on (703) 305-8498. The fax phone
number for the organization where this application or proceeding is assigned is (703)
746-7239.
Any inquiry of a general nature or relating to the status of this application or
proceeding should be directed to the receptionist whose telephone number is (703) 305-
0286.
Conclusion
lab